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(영문) 울산지방법원 2019.03.22 2018고단3831

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 1:25 on August 26, 2018, the Defendant was driving a D-to-p motor vehicle with blood alcohol level of 0.050% under the influence of alcohol level at 0.050% on the front side of the Ulsan Jung-gu, Ulsan-gu, Seoul-do. On August 26, 2018, the Defendant: (a) was driving a G-to-p motor vehicle owned by the injured party E (the age of 61) before the direction of the Defendant’s proceeding; (b) was driving a G-to-p motor vehicle on three-lanes to stop to get passengers get off and interfere with his course; (c) the Defendant was fully aware that the said two vehicles might conflict with the said two vehicles by the Defendant’s act; (d) while he was able to run the said two vehicles, the front part of the said taxi conflict with the latter part of the said A-to-pur vehicle.

As a result, the Defendant carried dangerous articles and carried them for about two weeks to the victim E, and at the same time, destroyed the above taxi owned by the victim FF FF corporation to have approximately KRW 364,658, and driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. Giving written reports on detection of drivers, investigation reports (report on the circumstances of drivers), reports on the circumstantial statements of drivers, and replies to the request for cooperation with investigation;

1. Written estimate;

1. Application of each statute on photographs;

1. Article 258-2 (1), Article 257 (1), Article 369 (1), Article 366 of the Criminal Act concerning the crime, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 (Punishment of the crimes of special injury and damage to special property, and punishment prescribed for the crimes of special injury which are heavier than that of special injury);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated (within the scope of the sum of the long-term punishments of the above two crimes)].